Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)

Order Date: 17.09.2026

Case Overview

  • Petitioner: Sri Abhishek Chomal, S/O Sri Prabhu Dayal Chomal, residing at Flat No.1RF, Kadapara, P.S. Phoolbagan, Hooghly, West Bengal.
  • Respondent: The State of Assam, represented by the learned Public Prosecutor.
  • Case No.: Bail Application No. 2761/2026; related police case Tezpur P.S. Case No. 446/2026 (G.R. No. 1041/2026).
  • Charges: Sections 316(2), 318(4), 336(3), 338, 340(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 66C, 66D, 72A of the Information Technology Act, 2000.
  • Allegations: On 27.07.2026, Nazmul Ansari lodged a complaint alleging misuse of his biometric (fingerprint and iris) data by Mr. Jewel Ahmed, who had collected the data during enrolment in a Skill India programme. The complainant feared that his biometric data would be used for attendance tracking and other unauthorized purposes.
  • Background of Project: The petitioner is a director of Prudential Infotech Limited, which won a tender from RailTel Corporation of India Limited under the PM‑VIKAS Scheme. For ground‑level execution, Prudential Infotech engaged Meliorism Skill Development (OPC) Private Limited as a subcontractor for candidate mobilisation, training‑centre operations, and training delivery.
  • Financial Details: RailTel transferred a total of Rs 2,13,81,442 (approximately Rs 2.13 crore) to Prudential Infotech as the first tranche. Of this, Rs 78,00,000 was transferred to Meliorism Skill Development OPC. The investigating officer (I/O) sought clarification on the utilisation of the remaining amount, the purpose of the Rs 78 lakh transfer, and the roles of various individuals (Manoranjan Saha, Akber Hussain Mandal, Firoz Ahmed) in the financial flow.
  • Custodial History: The petitioner was arrested and remained in custody for more than 27 days. The I/O requested a five‑day police remand to investigate the financial trail and alleged biometric misuse; the court granted three days of police remand, after which the petitioner was placed in judicial custody. No further remand was sought despite the I/O’s extensive investigative agenda.
  • Other Bail Applications: Co‑accused persons in the same case were granted pre‑arrest bail on 03.09.2026 (Bail Application No. 2562/2026) and in other related applications, copies of which were annexed to the present petition.

Final Outcome

  • The Hon’ble Justice Sanjeev Kumar Sharma held that indefinite detention was unwarranted given the nature of the allegations and the lack of progress in the investigation.
  • Bail was granted to Sri Abhishek Chomal on the condition of a cash bail of Rs 50,000 and two sureties of the same amount, to be approved by the concerned jurisdictional magistrate.
  • The petitioner must continue to cooperate with the investigation and appear before the I/O whenever summoned.
  • The petition was allowed and disposed of accordingly.

Topics: Bail, Biometric Data Misuse, Financial Irregularities